STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL

JUDGEMENT

(1.) The present appeal has been filed by the State against Judgment dated 2.5.2013 rendered by the learned Additional Sessions Judge, Mandi, District Mandi, Himachal Pradesh in Sessions Trial No. 2 of 2009, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake) who was charged with and tried for offence under Sections 376 and 506 IPC, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 22.4.2008, Jai Ram, father of the prosecutrix got registered FIR No. 68 of 2008 against the accused in Police Station Karsog with the allegations that on 1.4.2008, his wife Dhaneshwari Devi telephonically informed him at Shimla that their daughter (Prosecutrix) is pregnant. It was alleged that the prosecutrix told her mother that when she used to go to jungle to graze goats and cattle, then accused also used to go to jungle to graze cattle and goats. Prosecutrix told her mother that three-four months ago, accused had sexual intercourse with her forcibly and without her consent. Accused threatened the prosecutrix not to disclose the incident to anyone. Due to fear and due to forgetting the same, and further due to mental weakness, she did not disclose about the incident to anyone including her mother. Complainant was working at Shimla and was busy in treatment of another daughter at IGMC Shimla. Due to this reason, matter was not reported to the police earlier. During investigation, prosecutrix was got medically examined and as per Medical Officer, she was found habitual to sexual intercourse and was carrying a pregnancy of 31 weeks. Her age was stated to be 19 years. Prosecutrix was alleged to be mentally retarded. She was medically examined at IGMC Shimla as well as PGI Chandigarh. Birth certificate of the prosecutrix was obtained from the concerned Panchayat. Prosecutrix gave birth to a female child on 19.6.2008 at KNH Shimla. Blood samples of the prosecutrix, the bay and the accused were taken for DNA test. As per report, accused was the biological father of the female child. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as twenty three witnesses to prove its case against the accused. Accused was also examined under Sec. 313 Cr.P.C. He pleaded innocence. Trial Court acquitted the accused as noticed above. Hence, this appeal.